Stein v. Kelso

OPINION

BURKE, Justice.

This administrative appeal arises out of the Department of Environmental Conservation’s (“DEC”) certification of two draft National Pollution Discharge Elimination System (“NPDES”) permits issued by the Environmental Protection Agency (“EPA”). An independent deciding officer, appointed by DEC to review the certification process, conducted an adjudicatory hearing and approved the certification. Six placer miners appealed the decision, arguing that the limited scope of the hearing deprived them of a property interest without just compensation or due process of law. The…